Definition and Kinds of Persons (Legal Personality)

         The term Person is derived from the Latin word 'Persona' it means those who are recognised by law as being capable of having legal rights and duties.

Definition : 

1) Salmond - " A person is any being whom the law regards as capable of rights and bound by legal duties.

2) Savigny defines the term person as the subject or bearer of a right.

3) According to Gray A person is an entity to which rights and duties may be attributed.

4) According to Austin the term 'person' includes physical or natural person including every being which can be deemed human.

                   According to Section 11 of the Indian Penal code the word person includes any company or association, or body of Persons, whether Incorporated or not.



Kinds of Persons :

There are two kinds of persons are as follows

 I) Natural persons 

II) Legal persons ( legal persons are also known as juristic, fictitious or artificial persons )


I) Natural Person : 

                    A natural person is a human being possessing natural personality. According to Holland, a natural person is a human being as is regarded by the law as capable of rights and duties. Requisite of normal human being is that he must be born alive moreover , he must possess essentially human characteristics. Generally a person/human being who has a capacity to sue and be sued is person.


II) Legal persons / Artificial persons : 

                    A legal person has a real existence but it's personality is fictitious. A fictitious thing is that which does not exist in fact but which is deemed to exist in the eye of law.

              Example : Company or corporation, idol etc.



See also  

1) Legal Status of Dead Person

2) Definition and Different Kinds of Ownership

3) Possession : Meaning, Definition and Kinds of possession

4)  Comparison between Historical School and Analytical School

5) Difference / Distinction between Condition Precedent and Condition Subsequent